FortBendNow.com

A 32-year-old East Bernard man has been found guilty on evidence tampering charges for trying to eat marijuana after being stopped for speeding by Rosenberg Police.

That attempt to destroy the marijuana turned a relatively minor violation into a felony, according to District Attorney Chris DeLozier.

Terance Eugene McCullough was convicted late last week by a 400th District Court jury of felony tampering with physical evidence during the February 2008 traffic stop.

According to DeLozier, McCullough was pulled over by police after being clocked for speeding on U.S. Hwy. 59. During the traffic stop, the officer smelled the strong odor of marijuana coming from the car.  When questioned about the smell, McCullough said he had smoked a joint earlier. 

During a search of the car, the officer saw McCullough attempting to chew something.  Upon closer inspection, the officer saw what looked like ashes and marijuana in the McCullough’s mouth. 

The officer retrieved a small sample of the material McCullough was trying to eat, which field-tested positive as marijuana.  A subsequent Department of Public Safety laboratory test confirmed the substance was, in fact, marijuana.

DeLozier said McCullough’s attempt to destroy the marijuana turned a relatively minor crime into a felony.

“It doesn’t matter how serious the underlying crime is, when you deny evidence of that crime to law enforcement, it’s a felony,” DeLozier said.

McCullough was tried before Presiding Judge Clifford J. Vacek.  He elected for the court to assess his punishment at a hearing scheduled for Jan. 11.

Tampering with physical evidence is a third-degree felony punishable by 2 to 20 years in prison, and a fine of up to $10,000. 

McCullough is eligible for probation, according to the Fort Bend County DA’s Office.